Xylofagou Case: Defence Seeks Clarity From Attorney-General Over Bail ‘Gap’

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The legal issue emerged after the father was denied conditional release and permission to attend his sons’ funeral.

 

The defence of the 30-year-old father charged over the deaths of his two sons in Xylofagou has asked the Attorney-General to clarify how bail conditions imposed by the British Sovereign Base Areas can be enforced in the Republic of Cyprus.

The move follows a decision by the Dhekelia Sovereign Base Areas Court to reject both his application for conditional release and his request to travel to Bulgaria for the children’s funeral.

The man will remain in custody until his next court appearance on 22 September 2026, when he is expected to enter a plea.

Defence raises institutional issue

In a written statement, defence lawyer Christos Th. Theodoulou said the defence fully respected the court and its reasoning but had identified what it regarded as a serious institutional issue.

According to Theodoulou, one of the reasons cited for rejecting the application was prosecution evidence indicating that no “practical and enforceable mechanism” had been identified through which bail conditions imposed by a Sovereign Base Areas court could be enforced within the Republic.

The defence has now written to the Attorney-General’s Office, seeking clarification of the institutional and legislative framework governing cooperation between the Republic and the Sovereign Base Areas.

“We consider this an issue of wider institutional significance and public interest, which extends beyond the individual case of my client,” the lawyer said.

Reference to unexecuted arrest warrants

The defence also referred to testimony given by a prosecution witness, claiming that no previous request for cooperation or assistance had been submitted to the authorities of the Republic.

According to Theodoulou, the testimony also referred to a history of arrest warrants issued by Sovereign Base Areas courts that have remained unexecuted because they cannot be enforced in the Republic.

The explanation given, the defence said, was that the Republic does not have specific legislation allowing their execution. By contrast, the lawyer said, the Sovereign Base Areas have enacted legislation covering the transfer and removal of individuals to the Republic.

The defence is therefore requesting an official position from the Attorney-General on the legal framework governing such cases.

New bail application and appeal under consideration

The defence is reviewing the reasoning behind the court’s decision and considering its available legal options.

These include submitting a new application for conditional release and filing an appeal against the ruling.

The 30-year-old faces two charges, one for each child, of causing death through a reckless and negligent act. According to the charge sheet, the alleged offences occurred on 28 June 2026 in an area under the jurisdiction of the British Sovereign Base Areas.

The boys, aged 10 and eight, died after becoming trapped inside a vehicle in Xylofagou. The prosecution alleges that their father left them unattended while he went to work.

If he does not admit the charges on 22 September, the trial is scheduled to begin on 30 November 2026.